Protagonismo do Supremo Tribunal Federal à luz da Constituição Federal de 1988: o princípio federativo em tempos de COVID-19

Abstract

This paper investigates the role of the Federal Supreme Court and its position in the defense of fundamental rights adopted after the Brazil´s Constitution of 1988, which inaugurated, a true constitutional mutation to replace the constitutional model adopted in the dictatorial regime. In the sense, the proactive stance of the Supreme Court is analyzed as a mechanism for the realization of fundamental rights, given the absence of public policies from political powers, specially in the context of COVID-19. It seeks, therefore, to understand whether the active action of the judiciary is legitimate which, although supported by the constitutional design, raises doctrinal debates regarding the possible affront to the states´s branches principle. The analysis was based on the decisions of the Court in the judgment of the Direct Action of Unconstitutionality nº 6.341 and arguments for Noncompliance with a Fundamental Precept assessed under nº 668 and 669, taken in the context of COVID-19. Thus, in this context, in the light of the federative principle, it points to the centralizing tendency of judicial decisions by the Supreme Court, analyzing whether, in times of COVID-19, this dynamic was changed by the recent decision in ADI nº 6.341.